Legal Question in Family Law in Texas

If the parents are married by living separately and there are no court orders setting out their respective times of possession then there really isn't much he can do. I don't recommend simply taking the child. That causes drama (and law enforcement involvement) with the child right in the middle of it. Unfortunately, Texas doesn't have a "legal separation" status that would enable the father to remain married to the mother and have set, enforceable, possession times with the child. The closest thing we have is Temporary Orders that are routinely granted during a pending divorce.

So, first decision is whether Dad wants to divorce Mom. Second decision is what family law attorney he wants to retain to assist him. Unless Mom changes her tune I don't see this situation getting any better for Dad.